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(영문) 청주지방법원 충주지원 2018.10.12 2018고단435

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 11, 2010, the Defendant was sentenced to imprisonment with prison labor for eight months as a crime of violating road traffic law (drinking driving) at the Cheongju District Court’s Cheongju District Court’s branch on November 11, 201, and eight months as a case of the same crime in the same court.

[2] On July 27, 2018, the Defendant driven C Poter 2 while under the influence of alcohol leveling 0.201% from approximately 30 meters from the 30-meter section of alcohol level to the two electrical construction front roads, 128, C Poter 2, in a state of under the influence of alcohol leveling from around 128, C 201, the C Poter 2, the C 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. On-site photographs related to drinking;

1. Criminal history: The application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (as such;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment [the period of recidivism and consideration of the circumstances leading to the crime];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Selection of imprisonment, taking into account the fact that a large number of drinking drivers, including imprisonment with prison labor for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that alcohol content in blood is very high, will be determined by taking into account such circumstances as well as the circumstances leading to the commission of the crime (on behalf of the driver, driving at a distance that is not visible for parking after his/her arrival), the period of recidivism, the circumstances after the commission of the crime, and other sentencing conditions, and the execution of the sentence shall be suspended, but the community service order and the order to attend lectures shall be added.